To make it unambiguous, I think you'd want to put "per teacher discretion" at the beginning of the sentence.  Then it would clearly modify all three verb phrases.  It's too easy to interpret the phrase as restricted to the last conjunct if it's at the end.

Herb

Herbert F. W. Stahlke, Ph.D.
Emeritus Professor of English
Ball State University
Muncie, IN  47306
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________________________________________
From: Assembly for the Teaching of English Grammar [[log in to unmask]] On Behalf Of Susan van Druten [[log in to unmask]]
Sent: April 4, 2009 3:42 PM
To: [log in to unmask]
Subject: syntax in a legal document

The IEP reads as follows: "He may take tests in the resource room, have extended time to complete them, and they may be open book per teacher discreation [sic]."  Is there any way the per teacher discretion line could be seen as modifying the entire sentence?

I am the teacher who must give my tests to the special ed teacher who lets the students cheat on tests.  I'm looking for a loophole, so the IEP will have to be rewritten.

Thanks for any help!
Susan
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